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HomeMy WebLinkAbout2017-01-25 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes January 25, 2017 Member Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, John T. Mabon, Sean F. McDonough (7:20 p.m.), Douglas W. Saal. MemberAbsent: Staff Member Present: Jennifer A. Hughes, Conservation Administrator. Meeting came to Order at: 7:07 PM Quorum Present. Pledge Allegiance Approval of Minutes 12/14/16 A motion to accept the meeting minutes of 12/14/16 as drafted and reviewed is made by Mr. Manzi and seconded by Ms. Feltovic. Vote: Unanimous Small Project NACC#182, 65 Bear Hill Road (Donovan) The Administrator reviews the proximity of the proposed deck enclosure to a detention pond permitted before 1996 and constructed adjacent to and possibly within wetland resource area. The commission has previously considered these areas subject to jurisdiction. seconded by Mr. Mabon. Vote: Unanimous A motion to approve the project as proposed with special conditions for installation of erosion controls and pre and post construction inspections is made by Mr. Manzi and seconded by Mr. Mabon. Vote: Unanimous Documents: Application Checklist-Small Project Small Project Procedures North Andover MIMAP prepared by the North Andover Conservation Department dated January 17, 2017 Sketched building dimension 14 x 14 room prepared by Joe Donovan Construction Company dated January 17, 2017 Mortgage Plot Plan prepared by Cameron-Bishop Engineering Corporation dated April 6, 1993 Request for Determination of Applicability 1-8 Mill Pond (Millpond Homeowners Association) (C/O Property Management of Andover) (BergmaAssociates, Inc.) n & The applicant provides the Administrator with the certificates of mailing for the project. Robert Zuzack of the Millpond Condominium Association and Paul Bergman of Bergman and Associates, Inc. are present for the hearing. Mr. Bergman presents the structural repairs that are needed for the buildings. These include excavation of footings within the paved driveways, removal of walls and sills and roof runoff does The Administrator reviews the previously flagged wetland area which begins at the end of the driveway swale and continues behind the homes on Harkaway Road. Mr. Lynch asks about parking lot drainage. Mr. Mabon asks about the excavations. Mr. Bergman details that existing concrete and wood will be removed. He states there will be structural drawings for the buildings. New concrete will be poured with new wood sills and walls. Mr. Napoli asks if this work will be required on additional buildings. Mr. Bergman states currently only this building. He reviews the erosion controls which will be placed along the entire length of the driveway. Mr. Lynch asks if the erosion control will be reviewed at the preconstruction meeting. The Administrator states it will be reviewed. A motion to issue a negative #3 determination with pre and post construction inspections is made by Mr. Mabon and seconded by Ms. Feltovic. Vote: Unanimous Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check Project Description Signatures and Submittal Requirements Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessor Department dated January 6, 2017 USGS Topographic Map prepared by Bergman & Associates, Inc. dated 2015 Letter prepared by Bergman & Associates, Inc. project description and wetland Impact dated January 12, 2017 Letter prepared by Bergman & Associates, Inc. Construction Schedule and Sequence dated January 12, 2017 Mill Pond Condos Site Plan prepared by Bergman & Associates, Inc. dated January 12, 2017 Abbreviated Notice of Resource Area Delineation 242- , 865 Johnson Street (Resca) (Merrimack Engineering Services, Inc.) Leah Basbanes of BansbanesWetland Consulting reviews her wetland delineation of the property. She states there is an isolated vegetated area that is 781 s.f. and is not jurisdictional under the bylaw. She states she first delineated the property in April of 2014 and revisted the site in December of 2016. She states wetland flags were missing at that time and that there is also no DEP File # yet. The commission discusses the problems with getting numbers issued in a timely manner. The Administrator states she went back out to the site after the missing flagging was added. She states that due to historic dumping it was difficult to navigate the area. She suggests flags 5, 1A and 3A be moved above the 220 contour line. She states the dumping should be cleaned up as part of any filing. The Japanese Knotweed should also be addressed. She states there is an approved ANR plan that shows the lots divided but does not show the wetland line. Mr. Manzi states the ANR needs to be revised before this comes back to the commission as a project. Mr. McDonough discusses enforcement action to clean up the dumping. Mr. Lynch states to minimize disturbance the clean-up should occur when a project is proposed. The commission discusses a time frame for a project to come before them. If no work proposed within 6 months enforcement action could be taken. Mr. Saal states the dumping should be mentioned in the ORAD. Mr. Manzi asks for revised record drawings. Ms. Basbanes states the revised drawings will include the square footage of the isolated area. A motion to continue the public hearing to the February 8, 2017 meeting is made by Mr. Manzi and seconded by Ms. Feltovic. Vote: Unanimous Document: Application Checklist-Abbreviated Notice of Resource Area Delineation WPA Form 4A-Abbreviated Notice of Resource Area Delineation General Information Area (s) Delineated ANRAD Wetland Fee Transmittal Form dated January 17, 2017 Applicant Information Submittal Requirements Copy of State and Town Checks Certified Abutters List prepared by the North Andover Assessors Department dated November 29, 2016 Notification to Abutters Form Letter prepared by Basbanes Wetland Consulting dated January 6, 2017 Delineation Field Data Form prepared by Basbanes Wetland Consulting Town of North Andover Board of Assessors Map dated January 1, 2016 Locus Aerial Map of 865 Johnson Street prepared by Merrimack Engineering Services, Inc. dated November 29, 2016 USGS Aerial Map prepared by Merrimack Engineering Services, Inc. dated November 29, 2016 Soil Aerial Map prepared by Merrimack Engineering Services, Inc. dated November 29, 2016 Topographic Plan of Land prepared by Merrimack Engineering Services, Inc. dated December 22, 2016 242-1689 , Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 1/11/17) Administrator states applicant is meeting with Planning Board and requests a continuance to the February 8, 2017 meeting. A motion to continue the meeting to February 8, 2017 is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: Unanimous. Documents: E/Mail prepared by Christiansen & Sergi, Inc. the request for a continuance to the Feburay 8, 2017 meeting dated January 25, 2017 242-1688, 30 Ironwood Road (Guinee) (Hayes Engineering, Inc.)(cont. from 1/11/17) The Administrator presents the revised plan showing the reduction in proposed work to now include repaving of the existing driveway and reconstruction of the existing patio. She states the project has been withdrawn from Planning due to the limited scope of work. Mr. Mabon asks how the commission can be sure the erosion control will not be installed in -- Build Zone. The Administrator states it is and she will condition the erosion control and confirm at the preconstruction. Posts and markers where trees are not available is acceptable. A motion to close and issue a decision in 21 days is made by Mr. McDonough and seconded by Mr. Manzi. Vote: Unanimous Documents: Letter prepared by Hayes Engineering, Inc. dated January 11, 2017 Plan to Accompany Notice of Intent prepared by Hayes Engineering, Inc. dated August 22, 2016, revised October 3, 2016, revised January 6, 2017 Stamped by Peter J. Ogren, P. E. 242-1696, 50 Royal Crest Drive (Bio-Retention) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 1/11/17) The Administrator states the required information has not been received. She recommends continuing the hearing to February 8, 2017 at the request of the applicant. A motion to continue the public hearing to February 8, 2017 is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: Unanimous Document: Email from Kenneth Lania to continue the public hearing to the February 8, 2017 meeting dated January 23, 2017. NACC#181, 50 Royal Crest Drive (Local Bylaw only) (Building 12) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) Kenneth Lania of Cornerstone Land Consultants, Inc. presents the proposal to update the foundation drainage at Building 12. He states that due to the elevations the outlet will need to He states it is as far from the IVW as possible. Mr. Lynch asks about other drainage to this area. Mr. Lania states there is none. He states there will be other upgrades proposed shortly including to snow storage in this area but due to Board of Health concerns this needs to be done. Mr. Mabon asks if downspouts will be connected. Mr. Lania states they will not until he confirms with the commission that overall discharge to the closed drainage system has been reduced by 30%. Mr. Lynch states he understands the need to put the outlet where it is given the relatively flat area. He asks how other foundation drainage projects are working. He asks if foundation drain acts as conduit if backup. Mr. Lania states drain releases pressure and is only a backup system. Mr. Lynch states the project should be approved. A motion to close the public hearing and issue a decision in 21 days is made by Mr. Mabon and seconded by Ms. Feltovic. Vote: Unanimous Mr. Lania discusses the status of other Open Orders of Conditions on the property. He states there were issues with the plantings in the G-train. They will need to be replaced in the spring. Signage for this area is recommended. Documents: Application Checklist-Notice of Intent Letter prepared by Cornerstone Land Consultants, Inc. in accordance with the Town of North Andover Rules & Regulations under the North Andover Wetlands Protection Bylaw dated December 16, 2016 WPA Form 3-Notice of Intent General Information NOI Wetland Fee Transmittal Form Copy of Town Check Checklist for Stormwater Report North Andover Conservation Commission Waiver Request Form Certified Abutters List prepared by the North Andover Assessor Department dated August 11, 2016 Affidavit of Service dated December 16, 2016 Notification to Abutters Form Locus Aerial Map prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 Aerial Photography prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 USGS Maps prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 MA GIS USGS Aerial Topographic Map prepared by Cornerstone Land Consultants, Inc. December 16, 2016 NHESP Aerial Map prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 FEMA FIRM Map prepared by Cornerstone Land Consultants, Inc. dated July 3, 2012 Zoning Aerial Map prepared by Cornerstone Land Consultants, Inc. dated February 20, 2001 NRCS Soils Aerial Map prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 Site Plan prepared by Cornerstone Land Consultants, Inc. dated December 16, 2016 Enforcement Order/Violation Letter/Ratify 242-1580, 1018 Osgood Street (Cafua Management Company, Inc.) The Administrator states this should be reviewed as part of the Certificate of Compliance request later in the meeting. Documents: Letter prepared by the North Andover Conservation Department dated December 19, 2016 WPA Form-9 Enforcement Order prepared by the North Andover Conservation Department dated December 19, 2016 General Business: 242-1657, COC Request, 777 Great Pond Road (Ibbitson) (Williams & Sparages) The Administrator presents the photos of the stabilized site. She reviews the project which included tree removal and grading. A motion to issue a Certificate of Compliance is made by Mr. McDonough and seconded by Ms. Feltovic. Vote: Unanimous Documents: Letter prepared by Williams & Sparages request for a Certificate of Compliance dated December 6, 2016 WPA Form 8A-Request for Certificate of Compliance Plan to Accompany a Request for a Certificate of Compliance dated December 6, 2016 242-461, PCOC Request, 93 Sherwood Drive (Lot 13) (Law offices of Heaney & Small, LLP) The Administrator reviews the request. She states this lot has its own DEP File # and OOC and was not a lot regulated by this Order. A motion to issue a Partial Certificate of Compliance for Lot 13 is made by Mr. McDonough and seconded by Mr. Mabon. No bond release. Vote: Unanimous Documents: Letter prepared by Law Offices of Heaney & Small, LLP request for a Partial Certificate of Compliance dated January 9, 2017 WPA Form 8A-Request for Partial Certificate of Compliance 242-1580, COC Request, 1018 Osgood Street (JFJ Holding, LLC) (MHF Design Consultants, Inc.) Chris Tymula of MHF Design Consultants is present. The Commission discusses ways to stay on top of monitoring of stormwater management systems. Mr. Mabon states the Planning Permits should be closed out simultaneously. Mr. Manzi asks if the reporting is perpetual. The Administrator states yes. Mr. McDonough has ideas for perpetual monitoring. Mr. Napoli states the $200 fee for release of the Enforcment Order should be paid. A motion to continue the matter is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: Unanimous Documents: Letter perpared by MHF Design Consultants request for Certificate of Compliance dated January 20, 2017 WPA Form 8A-Request for Certificate of Compliance As-Built Plan prepared by MHF Design Consultants dated January 20, 2017 Operation & Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems prepared by MHF Design Consultants, Inc. dated October 19, 2012, revised December 7, 2012, revised March 1, 2013, revised April 4, 2013 This Letter is prepared by Cafua Management Company, LLC to confrim the we read and understand the recorded Order of Conditions prior to the purchase of the property at 1018 Osgood Street dated January 19, 2017 242-757, PCOC Request, 93 Sherwood Drive (Lot 13) (Law offices of Heaney & Small, LLP) The Administrator states this releases the lot from the roadway OOC. A motion to issue a PCOC for Lot 13 only is made by Mr. Mabon and seconded by Ms. Feltovic. Vote: Unanimous Documents: Letter prepared by Law Offices of Heaney & Small, LLP request for a Partial Certificate of Compliance dated January 9, 2017 WPA Form 8A-Request for Partial Certificate of Compliance Emergency Certificate, 120 High Street, Building 11, East Mill-Culvert Collapse David Steingbergh of RCG presents the emergency that unfolded when a culvert carrying Cochichewick Brook under the East Mill collapsed on Thursday. On Friday the area was dewa brought in. The Administrator states she informed RCG that an emergency cert was a possibility on Friday but one was not obtained. Mr. Steinbergh states the structural engineer discovered that the floor of the building was concrete. He states the pipes were sealed and the pond side dewatered. Digging began to uncover the pipes. Utilities were pumps were brought in to dewater to the catch basin which goes to the aqueduct under the building. David Giangrande of Design Consultants Inc. states he began notifying the various departments on Mo needed to keep the pond from overflowing. Additional erosion controls and a turbidity curtain were installed following a visit from the Conservation and Building Departments. He states enough water is being kept in the pond to protect wildlife that may be overwintering. He states the emergency cert will be for the new pipes and the pumping. Mr. Giangrande reviews the design of the existing pond outlet and the current pumping setup. Mr. Lynch asks how far along Mr. Giangrande is with the new design. Mr. Giangrande states they have not run the hydraulic analysis on the weir width and elevation. Mr. Mabon asks the current timeline for installing the pipes. Mr. Giangrande states a couple of weeks. He states that a connection exists at the culvert but a new cast in place piece is needed. Mr. Lynch states after the concrete is poured water will not be able to move through the pipes for at least 7 days. He states the applicant should just file with the information they have. Mr. Napoli asks what the old pipes were made of. The Administrator states an environmental monitor is needed at the site. Mr. Manzi states an Emergency Cert and a Notice of Intent are needed simultaneously. He states we also need to know the cause of failure. Mr. Steinbergh states the pipes rusted out. He believes a large rain event in October may have contributed. Flash flooding was an issue and a large limb may have punctured the culvert. After that the culverts were undermined. Mr. Giangrande states the bricks lose continuity and the soil becomes scoured. Ms. Feltovic states communication during an emergency needs to be improved. Mr. Steinbergh says emergency protocols are in place. He states fire and building were notified. Mr. Saal states he is in favor of issuing the Emergency Cert. He states the NOI should cover the inlet and the outlet. He states the pumps should be available during the installation of the new pipes. Mr. McDonough asks the length of the new pipes. Mr. Giangrande states 170- Mr. Steinbergh states erosion controls are installed. Mr. McDonough asks about the depth of the pipes. Mr. Giangrande states 10- Mr. Steinbergh states the site has been cleaned up. Mr. Giangrande states he worked on the previous project for a new outlet for hydro-electric power. He states larger pipes will be proposed. He expects permitting to extend into spring. He states the draft plan shows the potential alignment. Currently 6 pumps are not enough to pool with a rip rap weir will be installed until an inlet structure is designed. This will act as a sump to catch sediment. They will attempt to file an NOI by the Friday deadline. Need to complete sizing of pipes and inverts. Mr. Lynch states all emergencies fail on protocol. The Administrator states they did not know the severity of the problem. Mr. Steinbergh states silt sacks are still needed in the catch basins. Mr. Lynch makes a motion to ratify the Emergency Certification as discussed. Seconded by Ms. Feltovic. Vote: Unanimous Documents: WPA Emergency Certification Form prepared by the North Andover Conservation Department dated January 20, 2017 Photos prepared by the North Andover Conservation Department dated January 24, 2017 Letter prepared by the North Andover Inspector of Building/Building Commissioner dated January 25, 2017 MACC Annual Environmental Conference 2017 Mr. Lynch, Mr. Napoli, Ms. Feltovic and Mr. Mabon submit their registrations for the annual conference. Documents: Letter prepared by MACC Association of Conservation Commissions dated January 9, 2017 Annual Environmental Conference 2017 Information and Registration Form date Saturday March 4, 2017 College of the Holly Cross, Worcester MA MACC Pipeline Letter to Governor Baker The Commission is not unanimous in their support for the letter although all have concerns about the lack of permitting required for these massive projects. The Commission will not sign on to the letter. Document: Letter prepared by Eugene B. Benson MACC Executive Director dated January 5, 2017 A motion to adjourn the meeting at 9:12 p.m. is made by Ms. Feltovic and seconded by Mr. Manzi. Vote unanimous.